California’s Computer Data Access and Fraud Act (CDAFA) (also referred to as the “Anti-Hacking Statute”) prohibits access to computers, computer systems, and networks without permission in order to do harm or engage in unauthorized use. (See California Penal Code § 502). Violation of the CDAFA may range from a misdemeanor to a felony offense, and the Act also provides for a civil remedy in the form of compensatory damages, injunctive relief, and other equitable relief.…

We are excited to introduce our video series – Wage & Hour Issues in the Workplace. In these videos, members of LCW’s Wage & Hour practice group will provide various tips that can be implemented in your workplace. We hope that you will find these clips informative and helpful!  …

This article was reviewed March 2021 and is up-to-date. Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong.  The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.”  The rule certainly sounds dark and fateful.  Perhaps courts intend it to be, because the rule serves to deter…

The COVID-19 pandemic has changed the work environment in many ways, including a significant impact on employer-sponsored health benefits.  The past year has resulted in changes to how frequently individuals visit the doctor (or do not visit the doctor), purchase eligible medical expenses, and need dependent care.  In response to the pandemic, the IRS, Congress, the Department of Labor (“DOL”), and the Department of Treasury have provided options for employers to adopt flexible changes and…

One year after the public health emergency caused by COVID-19 began, hope is on the horizon as vaccine production and distribution increases and eligibility criteria for vaccinations expands.  With many employees teleworking during the pandemic, employers are starting to consider post-pandemic working arrangements, including the return of employees to the workplace.  As employers think about this critical issue, there are a number of questions employers must consider: How do employers respond to employees that are…

In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”).  Officer Esparza noticed Mr. Tabares wore a sweater on a warm day, walked abnormally, made flinching movements with his hands, and looked in his direction several times.  A former police officer who also saw Mr. Tabares thought he had mental health issues but was not dangerous.  Officer Esparza asked…

All California peace officers must meet initial standards set by the Commission on Police Officer Standards and Training (POST).  Those standards have recently been expanded, and more change may be coming. AB 846, effective January 1, 2021, modified Government Code section 1031 to require that a peace officer be free of bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, in addition to the preexisting requirement that he or she be free…